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Aurelio CAL in his own behalf and on behalf of the Maya village of Santa Cruz vs Attorney General of Belize

País/Territorio
Belice
Tipo de la corte
Nacional - corte superior
Fecha
Oct 10, 2007
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court
Sede de la corte
Belize City
Juez
Conteh
Número de referencia
Claim No. 171 of 2007
Idioma
Inglés
Materia
Medio ambiente gen.
Palabra clave
Propiedad de extranjeros Derecho constitutional Pueblos indígenas Tenencia de tierras
Resumen

In this case, the plaintiffs are representatives of the Maya indigenous population of the villages of Santa Cruz and Conejo in the south of Belize. They request from the court the recognition of their traditional land rights by the Belize land legal framework and require measures to be taken by the Government to protect Maya customary property rights in accordance with Maya customary laws and land tenure practices and in consultation with the Maya people. In addition, the government should abstain from registering the Maya land, issuing any leases or grant to land or resources from the Maya people, issuing any concession for resources exploitation.

The plaintiffs pointed out that the absence of recognition of their traditional rights was an obvious violation of their constitutional right to property and to their indigenous rights provided by sections 3 and 17 of the Belize Constitution. They also stressed that those traditions have always been in used among their communities, that they have been accepted by the colonial powers during the colonial times.

The judge of the Supreme Court held that Maya traditional collective and individual land rights gives rights to property rights as provided by sections 3 and 17 of the Belize Constitution. As a result, the Supreme Court issued a declaration acknowledging individual and customary rights of the Maya population from the villages of Santa Cruz and of Conejo and ordered to the government to determine, demarcate and provide official documentation of Santa Cruz’s and Conejo’s title and rights in accordance to Maja customary law and practices. Finally, the court ordered the government to abstain to grant any lease or license over the lands and the resources within the perimeter of those two villages without prior and informed consent of the Maya communities.

Texto completo
Aurelio Cal vs Attorney Gen.pdf
Página web
www.belizejudiciary.org